Many questions have arisen concerning the implementation of both AB 22, which relates to the use of credit report checks by employers for employment purposes, and SB 909, which relates to the “offshoring” (i.e. sending outside of the U.S.) of personal data of consumers who are the subjects of background checks. As a service to its members, the CALI Legislative Committee is hosting the webinar by Rosen, author of ‘The Safe Hiring Manual’ and professional background screener, who will educate CALI members and answer questions about the legal requirements of the two new California laws:

California Assembly Bill 22 (AB 22) amends Section 1785.20.5 of the Civil Code and adds Chapter 3.6 (commencing with Section 1024.5) to Part 2 of Division 2 of the Labor Code, relating to employment. AB 22 prohibits employers or prospective employers – with the exception of certain financial institutions – from obtaining a consumer credit report for employment purposes unless the position of the person for whom the report is sought is specified under the law. The law also requires written notice informing the person for whom a consumer credit report is being sought the specific reason for obtaining the report.

California Senate Bill 909 (SB 909) amends the California Investigative Consumer Reporting Agencies Act (ICRA) that regulates background checks in California along with Sections 1786.16 & 1786.20 of the Civil Code, relating to personal information. SB 909 requires a variety of disclosures to be made to consumers before their Personally Identifiable Information (PII) such as Social Security Numbers (SSN) is sent “offshore” overseas so they are fully aware of information about the background screening agency’s privacy practices, including whether the consumer’s PII will be sent outside the country.

Rosen founded Employment Screening Resources (http://www.esrcheck.com/), a nationwide background screening company located in California and accredited by the National Association of Professional Background Screeners (NAPBS), in 1997 with a mission to ensure safe workplaces for employers, employees, and the general public. He was the chairperson of the steering committee that founded the NAPBS, a professional trade organization for the background screening industry, and also was elected to the first board of directors and served as the first co-chairman in 2004.

He is a frequent speaker on employment screening issues at numerous national and statewide conferences (http://www.esrcheck.com/Newsletter/ESR-Speaks/) and has qualified and testified in the California Superior Courts as an expert witness on safe hiring. Rosen is also a former deputy District Attorney and criminal defense attorney and has taught criminal law and procedure at the University of California Hastings College of the Law. His jury trials have included murder, death penalty, and federal cases. He is also a licensed Private Investigator in California.